Vote Smart's Synopsis:

Vote to pass a bill that amends the definition of employee misconduct for determining unemployment benefits eligibility.

Highlights:

• Amends the definition of employee “misconduct” for the purposes of determining an individual’s eligibility for unemployment benefits as follows (Sec. A):
• Existing Law: 
• Defines “misconduct” as a “wanton and willful” disregard for an employer’s interests, rules, or standards.
• New Law:
• Defines “misconduct” as conduct or a failure to act in a “manner that is connected with work,” regardless of whether such behavior occurs during or outside of the workplace or work hours.

• Specifies that misconduct includes, but is not limited to, the following behavior (Sec. A):
• Behavior that demonstrates knowing disregard of the employer’s interest or standards;
• Behavior that violates an employer’s attendance or tardiness policies;
• Behavior that demonstrates carelessness or negligence to a degree that indicates wrongful intent; and
• Behavior that violates an employer’s rule.

• Exempts an employee’s violation of an employer’s rules from being considered misconduct if the employee can demonstrate any of the following conditions (Sec. A):
• The employee did not know, and could not reasonably know, the rule’s requirements;
• The rule is not lawful; or
• The rule is not fairly or consistently enforced.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the definition of employee misconduct for determining unemployment benefits eligibility.

Highlights:

• Amends the definition of employee “misconduct” for the purposes of determining an individual’s eligibility for unemployment benefits as follows (Sec. A):
• Existing Law: 
• Defines “misconduct” as a “wanton and willful” disregard for an employer’s interests, rules, or standards.
• New Law:
• Defines “misconduct” as conduct or a failure to act in a “manner that is connected with work,” regardless of whether such behavior occurs during or outside of the workplace or work hours.

• Specifies that misconduct includes, but is not limited to, the following behavior (Sec. A):
• Behavior that demonstrates knowing disregard of the employer’s interest or standards;
• Behavior that violates an employer’s attendance or tardiness policies;
• Behavior that demonstrates carelessness or negligence to a degree that indicates wrongful intent; and
• Behavior that violates an employer’s rule.

• Exempts an employee’s violation of an employer’s rules from being considered misconduct if the employee can demonstrate any of the following conditions (Sec. A):
• The employee did not know, and could not reasonably know, the rule’s requirements;
• The rule is not lawful; or
• The rule is not fairly or consistently enforced.

Full Bill Text